The Tax Office wants to collect the IP addresses of entrepreneurs

31/05/2018

The Ministry of Finance has come up with a new idea to assist the Tax Offices in detecting tax fraud. He wants banks and cooperative savings and credit unions to transfer IP addresses of clients using company accounts to the National Tax Administration. IP addresses are to be used for risk analysis and help in detecting suspicious transactions. With the help of IP addresses, the Ministry of Finance wants to increase the capabilities of the already functioning STIR system, which is used for risk analysis and is to assist in detecting suspicious transactions.

The regulations introduced are part of major amendments to the Tax Ordinance Act and are to come into force as early as 1 July this year , bypassing consultations. The whole project can be viewed on the government websites: https://legislacja.rcl.gov.pl/docs//2/12311701/12509101/12509102/dokument342380.pdf

The planned record regarding the transfer of IP addresses reads as follows:

the IP address from which the login was made to the website servicing the account of the qualified entity, or from which the instructions for carrying out the transactions related to the account of the qualified entity originated, and the date and time of those logins or submitting instructions - if available;

Planned changes are criticized by many environments, and their possible incompatibility with the GDP is also indicated. What's more, the IP addresses obtained by the US may also be used to analyze the locations from which banking operations are carried out (company in Cyprus, management in your country) in which activity is actually carried out. The transmission of data is controversial in connection with the entry of the GDPR.

It is puzzling what proposed regulation will apply in practice. Today, many entrepreneurs use the VPN on a daily basis to improve security and privacy protection, connecting to the network through servers located in your country and abroad. Thanks to this, they hide their real IP address and encrypt the connection. How will the Treasury Administration treat this issue? Time will tell.

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